tag:blogger.com,1999:blog-34853720.post5361574819840039317..comments2023-08-24T10:39:23.460-04:00Comments on CAAFlog: Capital writ appealDwight Sullivanhttp://www.blogger.com/profile/11657981110237418710noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-34853720.post-76156238804930871752007-11-27T10:14:00.000-05:002007-11-27T10:14:00.000-05:00Sorry for the multiple posts, but interestingly it...Sorry for the multiple posts, but interestingly it looks like the aggravating factors int he court-martial and whether the case should be referred capitally were questiosn for the Art. 32 officer. http://www.thejournalnews.com/apps/pbcs.dll/article?AID=/20071106/NEWS03/711060366/1019. Those steps are not procedurally required but would certainly pre-empt some old underlying systemic challenges in military death case and some new arguments near and dear to my heart regarding Apprendi and Ring v. Arizona. <BR/><BR/>However, there is an interesting counter argument that w2as made in Fed Dist Ct (withoput success I might add) that if procedural rules don't allow consideration by the grand jury of capital aggravating factors that their consideration and inclusion in the charging document were impermissible. A similar argument might be made about preferral and 32 Officer consideration of military capital aggravating factors. <BR/><BR/>I also wonder if the Army really thought through that whole time of war thing and the ripple effect on even the smallest UA case. Did they ever amend the MCM to make the default referral non-capital? I don't have a current version, but I think they did.Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.comtag:blogger.com,1999:blog-34853720.post-86685442241563367332007-11-27T10:05:00.000-05:002007-11-27T10:05:00.000-05:00Lots of press coverage on this fragging case. App...Lots of press coverage on this fragging case. Apparently he is a National Guardsman and the defense is looking to move to Federal Dist. Ct.: http://www.timesunion.com/AspStories/story.asp?storyID=637804&category=REGION&newsdate=11/10/2007Mike "No Man" Navarrehttps://www.blogger.com/profile/11434921480452541955noreply@blogger.com